DCIT (International Taxation), Circle-1(3)(1), New Delhi V. GE Nuovo Pignone SPA, Gurgaon

MA 226/DEL/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 3408 (ITAT-DELHI)
• Duration Of Justice: 7 month(s) 10 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-07-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 07-07-2022
• Assessment Year: 2010-2011
• Appeal Filed On: 16-12-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘E’ NEW DELHI BEFORE SHRI G.S. PANNU, PRESIDENT AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER Miscellaneous Application No.226/Del/2021 Stay No. 169/Del/2014 (In ITA No. 6893/Del/2017) Assessment Year: 2010-11 DCIT (Int Tax), Circle-1(3)(1), New Delhi. Vs. GE Nuovo Pignone SPA C/o 6 th Floor, Building 7A, Standard Chartered Building, DLF Cyber City, Phase-III Gurgaon, Non Listed, 122002 PAN :AABCG3212A (Appellant) (Respondent) ORDER PER SAKTIJIT DEY, JUDICIAL MEMBER: Captioned application has been filed by the Revenue, seeking rectification/recall of order dated 06.08.2021 passed in Stay Application No. 169/Del/2021. Department by Shri Anuj Garg, Sr. DR Respondent by Shri Sachit Jolly, Adv. Date of hearing 08.07.2022 Date of pronouncement 27.07.2022 2 M.A.No. 226/Del/2021 2. We have heard the parties and perused material available on record. 3. The grievance of the Revenue in the present application is that grant of absolute stay on recovery of outstanding demand is against the statutory provision contained in the first proviso to section 254(2A) of the Income-Tax Act,1961. On perusal of order dated 06.08.2021 passed in SA No.169/Del/2021, sought to be rectified by the Revenue, it is very much clear that the Tribunal had granted extension of stay for a period of 180 days from the date of the stay order. Thus, as on date, the order sought to be rectified by the Revenue has lost its force. That being the factual position emerging on record, the present application filed by the Revenue, for all practical purposes, has become infructuous and deserves to be dismissed. Accordingly, we do so. 4. In the result, the miscellaneous application is dismissed. Order pronounced in the open court on 27 th July, 2022. Sd/- Sd/- ( G.S. PANNU ) (SAKTIJIT DEY) PRESIDENT JUDICIAL MEMBER Dated: 27 th July, 2022. Mohan Lal 3 M.A.No. 226/Del/2021 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi Sl. No. Particulars Date 1. Date of dictation (Order drafted through Dragon software): 08.07.2022 2. Date on which the draft of order is placed before the Dictating Member: 11 .07.2022 3. Date on which the draft of order is placed before the other Member: 15.07.2022 4. Date on which the approved draft of order comes to the Sr. PS/PS: 15.07.2022 5. Date of which the fair order is placed before the Dictating Member for pronouncement: 27.07.2022 6. Date on which the final order received after having been singed/pronounced by the Members: 27.07.2022 7. Date on which the final order is uploaded on the website of ITAT: 27.07.2022 8. Date on which the file goes to the Bench Clerk 27.07.2022 9. Date on which files goes to the Head Clerk: 10. Date on which file goes to the Assistant Registrar for signature on the order: 11. Date of dispatch of order: